In a Nutshell - What Is The Determining Factor For Who Gets The House In a Divorce?

November 28, 2017
By
Arizona Family Law Attorneys

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In most divorce scenarios, your home is treated as community property. Each spouse is given an interest of 50% within the community property. As far as children, the court would rather have the parent who has primary custody of the child – keep the house. On the flipside, just because one party receives primary custody does not guarantee that they will be granted the home. There are numerous reasons involved in why a party is granted the home.

One brief factor is: who can afford the residency? Once the divorce is finalized, the prior spouse no longer has a duty in paying for the homes taxes or any damages. Another determining factor involves equity of the house and what the remaining mortgage is.

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